Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Talaq---Validity---Councillors had no authority in law to give a finding on validity or otherwise of Talaq and they had travelled beyond their jurisdiction by declaring the Talaq pronounced b5 the husband ineffective---Section 7 of the Muslim Family Laws Ordinance, 1961 required the husband to give a notice to the Chairman in terms of S.7(1) and upon expiry of 90 days from the date of delivery of the notice to the Chairman, Talaq would become effective subject to the conditions contained in S.7(5) of the Ordinance---Non-constitution of Arbitration Council and non-issuance of notice to the wife would not invalidate Talaq pronounced by her husband as the provisions of S.7 of the Ordinance were directory in nature and did not entail any penalty for its non-compliance ---Nazim Union Council could only record the contentions of both the parties before him and then could merely state whether reconciliation efforts between them had succeeded or not--­Validity or otherwise of Talaq could .only be examined by a Court of competent jurisdiction under, the Family Laws---Wife, therefore, could not claim that non-issuance of notice under S.7(1) of the Muslim Family Laws Ordinance, 1961 to her either by the Nazim Union Council or non­-supply of the copy of the Talaqnama by her husband, would make Talaq ineffective or would invalidate the same, for the reason that the wife knew that Talaq had been pronounced by the husband besides the fact that Talaq would become effective on expiry of 90 days from the date of its pronouncement irrespective of the service of notice on the Chairman Union Council or on the wife, and non-service of notice on them would not make Talaq ineffective---Constitutional petition was disposed of accordingly. Ali Nawaz Gardezi v. Lt. Col. Muhammad Yousuf PLD 1963 SC 51; Mst. Fahmida Bibi v. Mukhtar Ahmad PLD 1972 Lah. 694; Dr.Razia v. Chairman Union Council Panchait Court and Mushir Ahmed Pesh Imam (Constitutional Petition No.90 of 1984); ' Mirza Qamar Raza v. Mst. Tahira Begum PLD 1988 Kar. 169 and Allah Dad v. Mukhtar 1992 SCMR…

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